San Antonio Agrees to Deliver Records Regarding the City’s Decision to Ban Chick-fil-A from International Airport

Attorney General Ken Paxton today announced that his office reached an agreement with the City of San Antonio regarding an April 11 open records request for documents related to the City’s decision to exclude Chick-fil-A from the San Antonio International Airport based on the restaurant chain’s donations to religious ministries. 

Under the agreement, the City of San Antonio will provide Attorney General Paxton with documents pertaining to the City’s communications, meetings, and records related to the exclusion of Chick-fil-A. The Office of the Attorney General will then have three business days to both notify the City of San Antonio if additional documents are needed and file an agreed notice to dismiss the ongoing open records lawsuit.   

“Excluding a company and its owner based on their religious beliefs demonstrates a total disregard for Texas law and the First Amendment protections in our Constitution. I look forward to reviewing the City of San Antonio’s records surrounding this discriminatory decision,” Attorney General Paxton said. “Our great state deeply values the First Amendment, and my office will defend those rights for all who live and operate in Texas.”

The First Amendment protects individuals and closely held companies from governmental restrictions based on their religious views or religious status. Additionally, federal regulations governing grant money provided to the San Antonio airport prohibit religious discrimination. In July, Governor Abbott signed into law Senate Bill 1978, which prohibits the government from discriminating against anyone who donates to, affiliates with, or supports a religious organization.

On March 28, Attorney General Paxton sent a letter to the mayor and city council members of San Antonio announcing an investigation regarding their decision. In a separate letter, Attorney General Paxton also urged Secretary Elaine Chao of the United States Department of Transportation to open an investigation into the City of San Antonio’s potential violation of federal law and Transportation Department regulations.

Attorney General Ken Paxton on March 28, 2019, sent a letter to the mayor and council members for the City of San Antonio, informing them he is opening an investigation surrounding the city’s decision to exclude Chick-fil-A from a concession contract that City staff recommended. By separate letter, he also requested that Secretary Elaine Chao of the United States Department of Transportation open an investigation into the city of San Antonio’s potential violation of federal law and Transportation Department regulations when the city banned Chick-fil-A from operating a restaurant in the San Antonio International Airport based on the company’s religious beliefs. Last Thursday, the San Antonio city council voted to remove Chick-fil-A from a new airport concessionaire contract, citing Chick-fil-A owners’ religious beliefs. “The City of San Antonio’s decision to exclude a respected vendor based on the religious beliefs associated with that company and its owners is the opposite of tolerance,” Attorney General Paxton said. “The city’s discriminatory decision is not only out of step with Texas values, but inconsistent with the Constitution and Texas law.” The First Amendment protects individuals and closely held companies from governmental restrictions based on their religious views or religious status. Additionally, federal regulations governing grant money provided to the San Antonio airport prohibit religious discrimination. To view the letters, click here.

Attorney General Ken Paxton on April 11, 2019, sent a second letter to the mayor and council members for the City of San Antonio, making an open records request for documents related to the Office of the Attorney General’s investigation of the City’s decision to exclude Chick-fil-A from the San Antonio International Airport.

In the letter, Attorney General Paxton requests public records revealing communications between councilmembers, city employees, and third parties that discuss the inclusion or exclusion of Chick-fil-A in the concessionaire contract for the airport.  The request also seeks calendars, records of councilmember meetings regarding the contract, and any internal communications among city employees about the inclusion or exclusion of Chick-fil-A from the concessionaire contract.

“The decision to discriminate against any vendor based on religious beliefs associated with the company and its owners flies in the face of the Constitution and Texas law,” Attorney General Paxton said. “I look forward to reviewing the City of San Antonio’s records explaining why the City Council targeted this respected restaurant chain for exclusion from the City’s concessionaire contract for the international airport.”

On March 28, Attorney General Paxton sent a letter to the mayor and city council members of San Antonio announcing an investigation regarding their decision. In a separate letter, Attorney General Paxton also urged to Secretary Elaine Chao of the United States Department of Transportation to open an investigation into the City of San Antonio’s potential violation of federal law and Transportation Department regulations. The First Amendment protects individuals and closely held companies from governmental restrictions based on their religious views or status. Additionally, federal regulations governing grant money provided to the San Antonio airport prohibit religious discrimination.

View a copy of the letter here.